December 2 - Two new standard clauses to address the impending EU Rules on advance cargo declaration which are due to come into force on 1 January 2011 have been issued by BIMCO.
The requirements for sending advance cargo declarations electronically will apply to all cargoes imported into EU member states as well as all cargoes exported from the EU.
The Clauses, one for voyage charter parties and one for time charter parties, are modelled on the BIMCO US AMS (Automated Manifest System) Clauses published in 2004.
Although there are no bond requirements under the EU rules, the two systems are nevertheless similar in the way that the commercial parties should allocate responsibilities.
Under the voyage charter party version it is the shipowner who assumes the role of "carrier" for the purpose of the clause and thus responsibility for compliance with the Rules.
Under the time charter party version the responsibility rests with the charterer acting as "carrier".
The Clauses are available to download from the BIMCO website free of charge.